General terms The Dutchman E-Business BV
Version valid from 11 September 2014
Identity of the business
Business name :
The Dutchman E-Business BV
1115AD Amsterdam Duivendrecht
Tel: 0031 20 8934609
Reachable from Monday till Friday from 10:00 until 18:00.
Email: [email protected]
Vat identification number; NL8541.57.657.B01
Article 1 Definitions and general provisions
1.1 The Dutchman E-Business BV: having its registered office in Amsterdam and registered at the Chamber of Commerce under number 60998431.
1.2 Customer: a natural person who is not acting in the exercise of profession or business and who has provided The Dutchman E-Business BV with an assignment for the delivery of Products.
1.3 Products: The most comprehensive concept of a business or product that is delivered by The Dutchman E-Business BV.
1.4 The Dutchman E-Business BV Website: All the websites which are owned by The Dutchman E-Business BV.
1.5 The Customer cannot derive any rights from the fact that The Dutchman E-Business BV might apply these general terms flexible.
1.6 These terms apply to all offers and agreements of The Dutchman E-Business BV that extend to the sale of Products.
1.7 Possible general (purchase) terms applied by Customer are explicitly excluded, and therefore not apply to agreements entered into with The Dutchman E-Business BV.
1.8 In the event that one or more provisions in these general terms are partially or completely null and void or allowed to be declared null and void, the other general terms will remain to apply completely.
1.9 In these general terms the word ‘in writing’ can also be used for documents drafted in writing that are sent through electronic ways, definitely including e-mail and faxed documents.
Article 2 Offers
2.1 With the Products offered on the The Dutchman E-Business BV website, Product specifications are mentioned as well as the price of the Product including VAT and possible shipping costs.
2.2 The Products offered on the The Dutchman E-Business BV website contain an as accurate as possible, truthful description and/or picture of the offered Product.
2.3 In case the descriptions and/or pictures as described in article 2.2 in reality turn out to be different, this does not make The Dutchman E-Business BV liable to compensation to the Customer in any way whatsoever. The Customer reserves their right on withdrawal as described in article 5.1 at all times.
2.4 The Dutchman E-Business BV provides the Customer with information about the expected delivery time of the Product; this term is only an indication.
Article 3 Realization of an agreement
3.1 An agreement comes about after the Customer has accepted an offer via the The Dutchman E-Business BV website and has settled the indebted amount to The Dutchman E-Business BV.
3.2 After the Customer has settled their payment obligations, Customer will immediately receive a receipt/purchase confirmation from The Dutchman E-Business BV.
3.3 As long as The Dutchman E-Business BV doesn’t send a receipt/purchase confirmation to the Customer, the Costumer can still dissolve the agreement.
3.4 The Dutchman E-Business BV is always allowed to – without stating reasons- not agree to an offer that is accepted by a Customer. In case Customer has already paid the Products to The Dutchman E-Business BV, The Dutchman E-Business BV needs to reimburse this amount to the Customer immediately after refusal.
Article 4 Delivery
4.1 In principle, delivery takes place within three workdays, while supplies last.
4.2 In case the ordered Product is not directly available from stock, The Dutchman E-Business BV will specify a further delivery time, whereby JThe Dutchman E-Business BV will always try to deliver within thirty (30) days. In case this term is exceeded, customer will have the right to dissolve the agreement
4.3 Delivery takes place on an address to be determined by the Customer, provided that the delivery address is located in the Netherlands. In case Customer wishes to have a delivery take place outside the Netherlands, Customer needs to notify J&S E-Business of this fact. The extra shipping costs will be invoiced to the Customer. J&S E-Business is never obligated to ship Products to an address outside the Netherlands.
Article 5 Returning Products & Money back guarantee
5.1 After receipt of the ordered Products via The Dutchman E-Business BV, Customer has fourteen (14) days to return the ordered Product to The Dutchman E-Business BV without stating reasons. After receipt of the Product, The Dutchman E-Business BV will reimburse the invoice value of the Product to the Customer within thirty (30) days.
5.2 The Customer cannot return Products that are already consumed. Therefore, Customer can only return Products in the original state.
5.3 In case Customer uses his right on withdrawal, the shipping costs will be paid by The Dutchman E-Business BV unless agreed otherwise.
5.4 From the moment of receipt of the Products, Customer needs to take all suitable measures to avoid damage to the Products and/or packages.
5.5 In case Customer returns a damaged Product or a Product in a damaged package to The Dutchman E-Business BV, The Dutchman E-Business BV is entitled to deduct reconditioning charges for this damage from the reimbursable amount. Or if the damage is to high The Dutchman E-Business BV will accept the return. The Dutchman E-Business BV must be able to sell the products again.
5.6 Customer cannot validate their right on withdrawal in the event that the ordered Product: has been manufactured to personal preference of the Customer, is perishable or in case the Product falls within the other exceptions as mentioned in article 7:46d lid 4 of the Dutch Civil Code.
Article 6 Guarantee
6.1 Customer needs to examine the delivered Products immediately after receipt. Possible defective Products need to be reported to J&S E-Business immediately after discovery and within 48 hours at the latest.
6.2 In case the - in the above mentioned articles- mentioned rights of reclamations are not reported to The Dutchman E-Business BV within the above mentioned terms, the Products are deemed to be received in good order and condition.
6.3 The Dutchman E-Business BV can only deliver guarantee on Products of which it can be assumed that they did not meet the demands of the Customer at receipt. In case a Product shows flaws caused by the Customer, Customer has no right on recovery, replacement or reimbursement of the purchase amount.
6.4 In case the flaws of the Product, determined by Customer, are found legitimate by The Dutchman E-Business BV, Customer needs to grant The Dutchman E-Business BV a reasonable term during which The Dutchman E-Business BV can still properly meet the agreement.
6.5 Possible claims of the Customer on their right of guarantee do not hold other obligations of the Customer coming forward from this agreement in abeyance.
Article 7 Liability
7.1 The Dutchman E-Business BV excludes every liability for indirect damage that is suffered from the use of the Products delivered by The Dutchman E-Business BV, with the exception of situations in which damage can be directly blamed to wilful intent or gross negligence on the side of The Dutchman E-Business BV.
7.2 In case The Dutchman E-Business BV is held responsible in any way, every liability is limited to the invoice amount paid by the Customer.
7.3 With immediate damage, one should exclusively understand:
- the reasonable costs for determining the cause and size of the damage, for as far as the determination relates to the damage in the sense of these terms;
- the possible reasonable costs made to have the poor performance of The Dutchman E-Business BV answered to this agreement, for as much as this can be charged to The Dutchman E-Business BV;
- Reasonable costs, made for the prevention of damage, for as far as Customer can prove that these costs have led to limitation of immediate damage as mentioned in this article.
7.4 In any event, The Dutchman E-Business BV is never liable for the following losses: consequential damage, lost profit, lost savings and damage caused by business interruption.
7.5 Customer safeguards The Dutchman E-Business BV against claims from third parties, coming forward from or in connection with the execution of the agreement.
Article 8 Obligation of the Customer
8.1 In principle Customer needs to behave in conformity with what is determined in these general terms, as well as with what is agreed upon between the representatives of The Dutchman E-Business BV and the Customer.
8.2 Customer needs to make sure The Dutchman E-Business BV has all the correct information to properly execute the agreement.
8.3 Customer needs to take care of a normal use of the Products delivered by The Dutchman E-Business BV. In case Customer fails to do so, their right on guarantee as mentioned in article 6.3 expires.
Article 9 Force Majeure
9.1 The Dutchman E-Business BV is not kept to meeting any obligations against the Customer in case The Dutchman E-Business BV is restricted in this as a result of a circumstance The Dutchman E-Business BVs can’t be blamed for, nor be charged with by law, an act of law or prevailing attitudes in traffic.
9.2 During the period the force majeure lasts, The Dutchman E-Business BVs can hold the obligations from the agreement in abeyance. In case the force majeure lasts longer than a period of thirty (30) days, each of the parties are entitled to dissolve the agreement, without any obligation to reimburse damage caused by the other party.
Article 10 Retention of title
10.1 The Products delivered by The Dutchman E-Business BV remain property of The Dutchman E-Business BV up until the moment that Customer has properly fulfilled all obligations from the agreement closed with The Dutchman E-Business BV.
10.2 In the event that The Dutchman E-Business BV appeals to the retention of title, the relevant closed agreement will be considered dissolved, without prejudice to the right of The Dutchman E-Business BV to claim compensation of damage, lost profit and interest.
Article 11 Price & Payment
11.1 Payment needs to be settled previous to delivery.
11.2 Customer is free to choose the way of payment as offered on the website, unless a different payment option is explicitly offered by representatives of The Dutchman E-Business BV.
11.3 In case Customer wishes to pay cash on delivery, the costs connected to this are for account of the Customer.
11.4 Possible inaccuracies in the invoicing by The Dutchman E-Business BV do not relieve the Customer of their obligation to pay the to be corrected amount.
Article 12 Applicable law and disputes
12.1 Dutch law exclusively applies to all legal relations The Dutchman E-Business BV is part of.
12.2 Customer and The Dutchman E-Business BV will not appeal to a judge until they have done their upmost to settle a dispute in mutual consultation.